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STATE v. BUSKUEHL

No. 42015.

626 S.W.2d 651 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Frank BUSKUEHL, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied December 16, 1981.

Attorney(s) appearing for the Case

Ted Guberman, Public Defender, Hillsboro, Josep S. Sanchez, Festus, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, M. E. Williams, Pros. Atty., Hillsboro, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 16, 1981.

GUNN, Judge.

Defendant was convicted of assault in the first degree, a § 565.050, RSMo 1978 violation, and sentenced to ten years imprisonment. His appeal presents two points of alleged error: (1) allowing the state to call a witness who would assert the fifth amendment as a basis for refusing to answer questions, thereby raising...

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